Long-term employee sues AT&T Services for alleged disability and age discrimination

Honorable Timothy C. Batten, Sr., Chief United States District Judge
Honorable Timothy C. Batten, Sr., Chief United States District Judge
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A twelve-year employee is seeking damages from his employer after alleging that he faced discrimination and retaliation following serious injuries that left him with lasting physical limitations. The lawsuit was filed by Gilbert Duncan in the United States District Court for the Northern District of Georgia on March 27, 2026, naming AT&T Services as the defendant.

According to the complaint, Duncan claims that after suffering a broken jaw in November 2023 and a severe leg and hip injury in September 2024—which required surgery and resulted in ongoing pain and mobility issues—he requested reasonable workplace accommodations from his employer. Instead of receiving support as required by law, Duncan alleges he encountered obstruction, intimidation, misinformation about his rights, discipline actions, reputational harm within the company, and retaliatory treatment.

The filing states that Duncan brings this action under Title I of the Americans with Disabilities Act (ADA) of 1990 and the Age Discrimination in Employment Act (ADEA) of 1967. He asserts that despite submitting medical documentation outlining his limitations—including difficulty walking or standing for long periods—his requests for accommodations such as remote work or reassignment closer to home were not resolved properly. “Plaintiff’s requested accommodations were medically related, practical, and directly tied to his physical limitations,” the complaint reports.

Duncan describes how he reported interference regarding his accommodation request to AT&T Ethics on January 22, 2025. He says an internal investigator acknowledged mishandling by management but alleges no meaningful corrective action followed. According to the complaint: “Plaintiff alleges that despite this report, Defendant failed to stop the retaliatory and discriminatory conduct.” Subsequent complaints led to what Duncan characterizes as increased workplace tension and further adverse actions.

The lawsuit outlines several incidents where Duncan claims management provided false or misleading information about sick leave policies—a practice he says affected both himself and others over several years. After confirming with Human Resources that previous guidance was incorrect, Duncan alleges disciplinary measures against him escalated rather than being corrected. On February 7, 2025, he received a written warning concerning time-off practices and was placed on a performance-related plan. He maintains these actions were unwarranted and closely followed his protected activities under federal law.

Duncan also contends that after filing for short-term disability in February 2025 due to ongoing health challenges, AT&T closed his pending accommodation request without resolution—a move he describes as improper and part of a broader pattern of retaliation.

In addition to disability-related claims under the ADA—including failure to accommodate and engage in an interactive process—the complaint asserts age discrimination under the ADEA. Duncan states he is over forty years old with a strong performance record but experienced differential treatment because of his age: “Defendant’s conduct also reflects a broader pattern of age-based bias and differential treatment against him as an employee over forty.” He argues this contributed to lost wages, benefits, emotional distress, reputational harm within the organization, anxiety, stress, loss of dignity, future earnings losses, and other damages.

The legal filing requests that the court declare AT&T violated both ADA and ADEA statutes; award back pay; front pay; lost benefits; compensatory damages; punitive damages where permitted; liquidated damages for willful violations; interest; equitable relief necessary to remedy alleged unlawful conduct; costs associated with bringing suit; and any additional relief deemed appropriate by the court.

Gilbert Duncan is representing himself in this matter as a pro se plaintiff. The case is identified as Civil Action File No.: 1:26-cv-01709-SDG-CMS.

Source: 126cv01709_Gilbert_Duncan_v_At&T_Services_Complaint_Northern_District_of_Georgia.pdf



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